BALTIMORE CRAB PLACE, INC. v. ROSEN

Full title: BALTIMORE CRAB PLACE, INC., A FLORIDA CORPORATION AND JULES TROP…

Court: District Court of Appeal of Florida, Third District

Date published: Jul 15, 1974

296 So. 2d 587 (Fla. Dist. Ct. App. 1974)

Opinion

Nos. 73-1349, 73-1421.

May 28, 1974. Rehearing Denied July 15, 1974.

Appeal from Circuit Court, Dade County; Grady L. Crawford, Judge.

Turner Shapiro, for appellants.

Gars Dixon and Irwin G. Lichter, Miami, for appellee.

Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.

PER CURIAM.

Affirmed upon authority of the rule that the court may, upon receiving a motion which is upon its face a nullity and filed after the court has ordered the filing of an answer, treat the motion as a nullity and enter a default for failure to plead. See Eli Witt Cigar Tobacco Co. v. Somers, 99 Fla. 592, 127 So. 333 (1930).